Godi Kamgar Sahakari Griha Sanstha Ltd. and Anr. v. Mr. Jerry Thomas Cherian and 19 Ors.
Case brief
What is this about?
This court quashed an appellate court order that had set aside a lower court decision allowing a housing society to allot flats in a newly constructed building. The trial court allowed allotment to an overwhelming majority residing in dilapidated structures due to objections by a small minority. The appellate court refused reliance on an earlier direction to allot flats, citing the pending nature of disputes regarding redevelopment minutes and strict adherence to the principle that principal reliefs (possession of flats) should not be granted at the interim stage. The Supreme Court held this application of the interim relief principle improper as the facts lacked the specific gravity justifying a stay, and the majority faced imminent housing loss. Procedural defects concerning who signed t
What did the court decide?
Quashed the order of the Cooperative Appellate Court setting aside the allotment direction; directed Petitioners to allot flats to members of Buildings A, B, and F within one week; ordered specific Respondents to vacate existing tenements and hand them over within four weeks; directed a safeguard for dissenting members to be shifted to a repaired building if redevelopment minutes are later set asi